DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koganei et al, JP 2018078525.
Koganei et al disclose an UHF RFID tag comprising: an RF tag 1 having an inlay 10 and a planar auxiliary antenna 20 that constitute an RF tag that performs wireless communication; the RF tag 1 is configured to be covered and protected by a surface layer 40 while being mounted on the surface of a substrate 50; the antenna 12 of the inlay 10 forms a loop circuit (loop part 11a) in the vicinity of the IC chip 11, and the center position of the side along the resonance axis of the auxiliary antenna 20 is the IC chip 11 is arranged in the vicinity of the IC chip 11; the auxiliary antenna 20 is arranged so that the center position of the side along the resonance axis of the auxiliary antenna 20 faces the loop portion 11a of the inlay 10 and is located in the vicinity of the IC chip 11; the auxiliary antenna 20 has a convex portion 21 at the center position of the side along the resonance axis of the auxiliary antenna 20 facing the loop portion 11 a of the inlay 10, and the convex portion 21 is formed on the IC chip 11. It arrange | positions so that it may be located in the vicinity; FIGS. 2A and 3A, the auxiliary antenna 20 is arranged in parallel on the inlay 10 and the projection surface without contacting the antenna 12 of the inlay 10; FIGS. 1A and 1B, the RF tag 1 includes an inlay 10 including an IC chip 11 and an antenna 12, and is insulated from the inlay 10; a planar auxiliary antenna 20 arranged on the same plane, a base layer 50 on which the inlay 10 and the auxiliary antenna 20 are arranged and mounted, and a base material 50 that functions as a dielectric constant adjusting layer for the mounted inlay 10; and a surface layer 40 serving as a cover that covers the inlay 10 and the auxiliary antenna 20 mounted on the base material 50; the auxiliary antenna 20 is formed in a predetermined shape and size corresponding to the communication frequency of the inlay 10, and the auxiliary antenna 20 is disposed at a predetermined position with respect to the inlay 10 ( 2 (a) and FIG. 3 (a)), it is mounted on the base material 50; a sealing film 13 is made of a flexible film material such as polyethylene, polyethylene terephthalate (PET), polypropylene, polyimide, polyvinyl chloride (PVC), acrylonitrile-butadiene-styrene copolymer synthetic resin (ABS), and the like; it is preferable that the IC chip 11 and the antenna 12 to be sealed are made of transparent PET resin or the like that is visible from the outside; as a communication frequency band used in the inlay 10, the RF tag 1 of the present embodiment targets a 920 MHz band (915-930 MHz: 15 MHz width) belonging to a so-called UHF band.
Koganei et al fail to disclose all the specific material and all the method steps for manufacturing the RFID label. However, with respect to the specific materials used in the production of the RFID label, such limitation is a matter of choice for meeting specific customer requirements. For instance, employing a siliconized carrier film would have been obvious in order to allow easy release of adhesives, coatings, due to their low friction surface and would provide greater protection against moisture, dust, and other environment factors. These films are very durable, resistant to tearing and puncturing, which enhance the overall durability of the label. With respect to the specific method steps, since the structural limitations are as recited, the method steps are obtained and, therefore obvious. For instance, the position of the module and the antenna are designed with specific dimensions, so the method steps of sizing the module and antenna to specific size to fit their designated position is obtained. Therefore, to modify the prior art into these specificities would have been an obvious extension.
Allowable Subject Matter
Claims 10-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The applicant a method for using an RFID label which includes steps for manufacturing the RFID label, wherein the components of the RFID label includes a siliconized carrier film, adhesive layers, first and second antennas, a chip adhered to the film layer, two wings of the unfolded RFID label by the groove have equal lengths for application to a flat surface and have different lengths for application to curve surfaces, wherein a shorter wing is first adhered to a curved surface when the RFID label is adhered thereto, and then a longer wing is folded over the shorter wing and adhered to the shorter wing without tension or distortion, wherein the free wing ends of the label are flush with one another due to the greater length of the second wing, or
wherein when the RFID label is applied to a flat surface, the RFID label is removed from the siliconized carrier film and folded through 180° with the aid of the groove, thereby bonding the two wings of equal length to one another without tension or warping, and then the siliconized carrier film is pulled off and the RFID label is bonded to the flat surface at an intended location, or wherein when the RFID label is applied to a curved surface or over an edge, the RFID label is removed from the siliconized carrier film and pre-folded through 90° with the aid of the groove in such a manner that the siliconized carrier film is removable and serves as an operating aid or anti-adhesion barrier for pressing the shorter wing of the RFID label when adhered to the curved surface or over the edge at its intended location, and in that the operating aid or anti-adhesion barrier is removed again prior to folding and adhering the longer wing over the shorter wing. These limitations were not shown by the prior art of record.
Response to Arguments
Applicant's arguments filed 11/19/25 have been fully considered but they are not persuasive. See examiner remarks.
Remarks:
In response to the applicant argument that the prior art (Koganei et al, JP 2018078525) fails disclose a tag that can be folded before or while the RFID label is applied to a surface, the examiner respectfully disagrees. The base material is made of PET resin, such material can be folded. The step of folding the RFID label before or while is applied to a surface is just a method of use for meeting specific customer requirements. Therefore, such step including positioning the adhesive at specific locations would have been an obvious extension as taught by the prior art. The specific materials and the position of the components, such as adhesive, foam, etc., these elements are for meeting customer requirements, which therefore, obvious. The applicant’s arguments are not persuasive. Refer to the rejection above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL ST CYR whose telephone number is (571)272-2407. The examiner can normally be reached M to F 8:00-8:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael G Lee can be reached at 571-272-2398. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DANIEL ST CYR
Primary Examiner
Art Unit 2876
/DANIEL ST CYR/ Primary Examiner, Art Unit 2876